The NSW Supreme Court has handed down a decision setting aside service of the statement of claim brought by the special purpose liquidator of One.Tel Limited (in liq) and dismissing the proceedings in their entirety. The reasoning of the court is particularly relevant to liquidators who may delay the service of proceedings while they attempt to obtain litigation funding. More broadly, the decision highlights the dangers for plaintiffs who delay serving proceedings.
Allens' Malcolm Stephens, Andrea Martignoni and Chris Prestwich acted for the News Group defendants in this matter. For more information, see our Focus on this case.